Head injuries are a life-changing event with serious personal and financial consequences. A brain injury lawyer can help injured cyclists file, negotiate, and litigate personal injury claims in Nebraska and Iowa.
Berry Law has seen firsthand what happens when cyclists try to handle their own legal matters or enter into subpar insurance settlements.
Our goal is to empower injured persons with the knowledge needed to confidently pursue a personal injury claim after a bike accident head injury with the help of a Sarpy County personal injury lawyer.
What Bike Accidents Cause Head Injuries?
Dooring
Drivers and passengers are oftentimes legally responsible for opening vehicle doors without putting others in harm’s way.
Unfortunately, many drivers and passengers are not vigilant when exiting their vehicles, resulting in “dooring” accidents where cyclists collide with an open door.
Failure to Yield
Bicyclists are considered vehicles on the road and typically have the same rights as other automobiles.
However, many drivers fail to yield to cyclists or do not see them until it is too late, resulting in severe head injuries.
Improper Lane Changes
Drivers may make sudden lane changes without checking for cyclists in their blind spots, either due to negligence, distraction, or inexperience.
The resulting collision can throw cyclists off their bikes and cause traumatic brain injuries.
Speeding
Speeding vehicles pose a serious threat to cyclists, who have minimal protection against the impact of a collision.
When a vehicle speeds and collides with a cyclist, the force can cause severe head injuries that may result in lifelong disabilities.
Road Hazards
Uneven pavement, potholes, and debris can cause cyclists to lose control and suffer head injuries.
When these road hazards result from negligence by city or state officials, a personal injury claim can oftentimes be pursued.
Are Bicycle Accident Personal Injury Claims Easy To File?
The individual circumstances that cause each bike accident head injury make recovering damages or proving liability a complex endeavor.
While the legal process varies depending on the state, the identity of the liable party, and even the severity of the head injury, general steps for filing a personal injury claim include the following:
- Gathering evidence, such as police reports, witness statements, and medical records.
- Calculating damages, including medical expenses, lost wages, and pain and suffering.
- Negotiating with insurance companies for a fair settlement.
- Filing a lawsuit if necessary to pursue maximum compensation.
As simple as these steps seem, consider the criteria for filing a personal injury claim in Nebraska and Iowa:
- The injured person must prove that the other party was at fault for the accident.
- Injured persons must file within the statute of limitations, which varies by state.
- The injured person must have suffered significant damages, including physical injuries and financial losses.
Proving fault without a head injury attorney is a struggle for injured bicyclists, especially when facing pushback from insurance companies.
The statute of limitations varies on multiple factors, including the injured cyclist’s age, the vehicle classification, and whether the government or a company is liable.
Medical experts and financial advisors often have to be consulted before calculating damages.
With many accident injuries showing delayed symptoms or effects, it is difficult to accurately determine the full extent of damages without evaluation from multiple professionals.
These complex processes highlight the importance of trusting a traumatic brain injury lawyer with the legal aspects of a bicycle accident personal injury claim.
Their experience in drafting legal documents, negotiating with insurance companies, and presenting evidence in court can significantly increase compensation for damages.
How Much Is My Bicycle Accident Case Worth?
No matter the severity of the head injury, compensation for economic and non-economic damages could include:
- Upfront and lifetime medical expenses. Head injuries are expensive to treat, often totaling millions over a lifetime. An experienced lawyer can help identify future medical expenses and negotiate for their inclusion in a settlement.
- Lost wages and earning potential. A head injury could result in temporary or permanent disability, significantly impacting one’s ability to work and earn a living. With settlement awards based on current income and future earning potential, an experienced lawyer can help secure fair compensation for these damages.
- Pain and suffering. The physical and emotional toll of a head injury can significantly impact quality of life to the point where close relationships fall apart. An experienced lawyer can help pursue compensation for pain, emotional distress, and loss of enjoyment of life.
Calculating the value of damages requires extensive knowledge of local laws and regulations, which only an experienced personal injury attorney can provide.
For an accurate estimate, consult an award-winning personal injury law firm with a proven track record of success.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
How Do I Know If I Have A Head Injury After A Bicycle Accident?
It takes days, weeks, or even months for head injury symptoms to manifest.
When they do, the signs can be subtle and complex to recognize, with possible symptoms including:
- Headaches or migraines
- Dizziness or vertigo
- Difficulty concentrating or remembering things
- Visual Disturbances
- Changes in mood or behavior
These immediate signs don’t always improve when the physical symptoms are gone.
Many head injury survivors suffer from long-term cognitive, emotional, and behavioral complications, including but not limited to:
- Post-traumatic stress disorder (PTSD)
- Depression or anxiety
- Decreased cognition
- Memory loss or difficulty thinking
It is essential to seek medical attention immediately after a bicycle accident, even if the cyclist feels uninjured. A thorough evaluation can detect and document potential latent damages for future personal injury claims.
Will My Insurance Company Cover My Bicycle Accident Head Injury?
An insurance company may cover some expenses from a bicycle accident head injury.
However, drivers in Nebraska and Iowa often only carry the state minimum required insurance protection.
Unfortunately, these policy limits are significantly lacking when driver negligence results in a severe head injury.
Moreover, taking the little money offered may jeopardize the right to a personal injury lawsuit to recover appropriate compensation for damages.
So, though cyclists may qualify for compensation from an insurance company, it may not be enough to cover all damages or protect the right to pursue legal action.
It is important to consult with a personal injury attorney before accepting any settlement offers to avoid being taken advantage of by insurance companies.
How Do I Choose The Best Brain Injury Lawyer?
The most critical aspect of choosing the best head injury lawyers is experience and a track record of success. In addition to experience and proven legal acumen, look for a personal injury lawyer who:
- Specifically has experience with head injury cases.
- Has a strong network of medical and financial experts to consult on the damages calculation process.
- Is always transparent about fees and payment options, offering contingency-based arrangements in which clients only pay if compensation is recovered.
- Provides personalized and responsive customer service, informing clients of the case’s progress and answering any questions or concerns.
Additionally, because personal injury claims can take many months, it is crucial to look for compassion and empathy in a bicycle accident lawyer.
These qualities ensure injured cyclists are treated like warriors rather than victims in the fight for maximum compensation for negligent or reckless behaviors.
Berry Law strives to provide clients with the best legal representation possible, combining experience, understanding, and personalized service to achieve favorable results.
Bicycle Accident Head Injury FAQ
Who is at fault in a bicycle accident?
Often, the driver will have the majority of the fault. Still, it is possible for both the cyclist and driver to share responsibility. In such cases, compensation may still be available. However, it may be reduced based on the level of fault assigned to each party.
What should I do if a car hits my bike?
The most important priority is to seek medical attention after a bike accident. If possible to safely do so, attempt to gather witness contact information and photographs of the scene. Once a cyclist is safe and is receiving proper care, contact a personal injury attorney immediately. If the accident caused a brain injury, their help in the first few days is critical to recovering maximum compensation.
Why do I need a brain injury lawyer after a bicycle accident in Nebraska?
Brain injuries can be very difficult to prove. A brain injury attorney can locate and assemble the evidence needed to recover full compensation for damages. They have the knowledge and experience to negotiate with insurance companies and fight for adequate compensation in court if necessary. Attempting to handle a complex personal injury case alone often results in lower settlements or no damages paid at all.
Will a lawyer get a police report for me?
Yes, an experienced attorney will obtain all necessary documentation for a case, including police reports. Because putting the report together takes time, having a lawyer do the work is one less burden to worry about during recovery.
Are all head injuries the same?
No, every head injury is unique and should be evaluated by a medical professional. Some may result in minor symptoms, while others can lead to long-term cognitive or physical complications. It is essential to seek medical attention immediately after an accident to properly assess and document any potential head injuries for a personal injury claim.
Head Injury After A Bicycle Accident? Trust Berry Law Personal Injury Lawyers To Provide Comprehensive and Compassionate Legal Support
Head injuries create a lot of uncertainty and fear, especially after a bicycle accident. As such, it is understandable that there is hesitation about pursuing legal action.
However, seeking compensation for damages is a way to hold negligent parties accountable and ease the financial burden of injuries.
This endeavor becomes much less daunting with the help of an experienced personal injury attorney who can handle all legal aspects while providing compassionate support and understanding.
Schedule a free consultation with Berry Law’s personal injury professionals to learn how we can help after an accident-related head injury.
